Marginal note:Killing or injuring certain animals

445.01 (1) Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer’s duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member’s duties or a service animal.

Marginal note:Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years and, if a law enforcement animal is killed in the commission of the offence, to a minimum punishment of imprisonment for a term of six months; or

(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than 18 months or to both.

Marginal note:Sentences to be served consecutively

(3) A sentence imposed on a person for an offence under subsection (1) committed against a law enforcement animal shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

Marginal note:Definitions

(4) The following definitions apply in this section.

“law enforcement animal”

« animal d’assistance policière »

“law enforcement animal” means a dog or horse that is trained to aid a law enforcement officer in carrying out that officer’s duties.

“law enforcement officer”

« agent de contrôle d’application de la loi »

“law enforcement officer” means a police officer, a police constable or any person referred to in paragraph (b), (c.1), (d), (d.1), (e) or (g) of the definition “peace officer” in section 2.

“military animal”

« animal d’assistance militaire »

“military animal” means an animal that is trained to aid a member of the Canadian Forces in carrying out that member’s duties.

“service animal”

« animal d’assistance »

“service animal” means an animal that is required by a person with a disability for assistance and is certified, in writing, as having been trained by a professional service animal institution to assist a person with a disability.